Terms and Conditions
Order4Me App | April, 13th 2020
1.1 These terms and conditions represent the agreement between NoQ Pty Ltd and any person who accesses or uses the Order4Me App (User Agreement).
1.2 The Order4Me App and website http://www.Order4Me.com.au/ (Order4Me) is owned and operated by NoQ Pty Ltd, ACN 610 031 199 and its related bodies corporate
1.3 By clicking the [“Accept”], or by accessing and/or using Order4Me (whichever occurs
first), the user (referred to in this User Agreement as You or Your) agrees to be bound by this User Agreement.
1.4 NoQ Pty Ltd may amend or modify the Order4Me App (including changing, deleting, discontinuing or imposing conditions on any of its functionality or features), this User Agreement or any NoQ Pty Ltd policy at any time. You will be able to discontinue and/or refrain from use of Order4Me following such amendment or modification, if You choose to do so. If You don’t choose to do so, the amendments or modifications will apply to You.
Subject to this User Agreement, NoQ Pty Ltd grants to You a non-transferable, non-exclusive, royalty-free, fully paid, worldwide license to install one copy of the Order4Me software, in executable object code format only, solely on Your handheld mobile device and solely for Your personal use of the Order4Me app. See clause 14 in relation to the restrictions on Your use of Order4Me.
3.1 In order to use the Services, You must register to use the Order4Me App and provide certain information (Customer Information) to NoQ Pty Ltd or its third party contractors via the Order4Me App or a nominated website to enable NoQ Pty Ltd to provide You with the Order4Me functionality (Order4Me Account).
3.2 By registering and providing the Customer Information, You warrant that:
(a) You are at least 18 years of age;
(b) You are eligible to register and use Order4Me and have the right, power and ability to enter into and perform under this User Agreement;
(c) You will be solely responsible for the activity that occurs on Your Order4Me Account; You are the authorised account holder or have the express permission of the authorised account holder;
(d) You are the person responsible for the mobile device registered to your User Account or have the express permission of the mobile device owner;
(e) You understand that it is your responsibility to ensure that your mobile device is compatible to use the Service and that the mobile phone is correctly configured;
(f) the Customer Information that You provide to NoQ Pty Ltd is Customer Information which you are lawfully entitled to provide and is not false, misleading, fraudulent or defamatory and does not infringe the intellectual property rights or other rights of any third party;
(g) You will only provide current, accurate and up-to-date Customer Information and will continually update all Customer Information as required (including proof of identity which we may reasonably request);
(h) You will keep Your registration username and password secure;
(i) You will not impersonate any other person or use another person’s registration details nor use another users Order4Me Account without their permission;
(j) You will not harass or interfere with another users use and enjoyment of Order4Me;
(k) You will not use Order4Me, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of Order4Me (including the transmission of viruses, worms or any software intended to damage or alter computer systems or data);
(l) You will not attempt to gain authorised access to Order4Me, or other networks or systems connected to or used together with Order4Me; and
(m) Your use of Order4Me will be in compliance with this User Agreement.
3.3 NoQ Pty Ltd is not responsible for any activity (including purchases made through Order4Me) that may occur as a result of the disclosure by You of Your registration details and/or password to third parties, or through unauthorised access to or use of Your personal information.
3.4 You are solely responsible for all activity that occurs via Your registration details and/or the use of Order4Me on Your mobile device.
3.5 You grant us permission to use Your Customer Information to provide You Order4Me Services and for related purposes. You acknowledge that in order for NoQ Pty Ltd to provide the Services of Order4Me, NoQ Pty Ltd may share your Customer Information with other parties.
4. Compatible mobile devices and third party carriers
4.1 Order4Me enables You to make payments on compatible mobile devices. Devices modified contrary to the manufacturers software or hardware guidelines, including but not limited to those with disabled hardware or software controls (sometimes referred to as jail broken) are not compatible devices.
4.2 You acknowledge that the use of a modified device to use the Order4Me app is expressly prohibited, constitutes a violation of this User Agreement, and is grounds for termination of Your Order4Me Account.
4.3 NoQ Pty Ltd does not warrant that Order4Me will be compatible with Your mobile device or third party carrier.
4.4 It is Your responsibility to ensure that You download the correct application for Your device.
4.5 Your use of Order4Me may be subject to the terms of Your agreements with Your mobile device manufacturer and Your carrier. It is your responsibility to comply with such agreements.
5.1 By using Order4Me You may be able to purchase goods or services (Products). These Products are advertised, promoted, offered, sold and/or supplied by third parties (Vendors).
5.2 NoQ Pty Ltd is not the supplier of any Products that You may view or purchase through Order4Me. v is designed to facilitate Your transaction with the relevant Vendor(s).
5.3 Representations about Products are based on information and material provided to Order4Me by the relevant Vendor. You acknowledge that NoQ Pty Ltd takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties or Vendors on Order4Me. For the avoidance of doubt any images contained in Order4Me are for illustration purposes only and may not reflect the actual Products offered by a Vendor.
5.4 The Vendor(s) is entirely responsible for all Products made available and or purchased through Order4Me. You should refer to any applicable terms and conditions provided by the Vendors in connection with the Products. All disputes relating to the quality of Products must be directed to the Vendor.
5.5 Any dispute between You and the Vendor (for example in relation to the Product quality or customer service) must be resolved by You and the Vendor. Order4Me is under no obligation to resolve or assist You in resolving a dispute with a Vendor.
6. Purchases and Loyalty (Users)
6.1 Promotions, advertisements, descriptions or other information provided in relation to Products via Order4Me (Product Representations) do not constitute an offer to sell You the Products or guarantee the availability of Products. The Representations are made available so that You can submit a request for a Product(s) via Order4Me (Order).
6.8 You acknowledge that:
(a) not all Vendors operate a Loyalty Program linked to Order4Me;
(b) Points accrued in a Vendor Loyalty Program cannot be applied to a different Vendor location (unless permitted by the Vendor(s));
(c) the terms and conditions on which you are entitled to accrue and redeem Points are solely as agreed between you and the Vendor operating the relevant Loyalty Program, and NoQ Pty Ltd takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by a Vendor in relation to a Loyalty Program;
(d) Order4Me applies Points from Your accrued Points balance as notified by the Vendor, and NoQ Pty Ltd is not responsible for any errors in your Points balance in any Loyalty Program; and
(e) any dispute between You and the Vendor in relation to a Loyalty Program must be resolved by You and the Vendor. NoQ Pty Ltd is under no obligation to resolve or assist You in resolving such a dispute with a Vendor.
7. Price and payment (Vendors)
7.1 All prices for Products are shown in Australian dollars, inclusive of GST where applicable, and are current at the time of display, in accordance with the information provided to NoQ Pty Ltd by the relevant Vendor.
7.3 NoQ Pty Ltd is not responsible for any errors made by the Payment Provider.
7.4 Order4Me works with any Australian-issued and most non-Australian-issued credit and debit cards with a Visa, MasterCard or American Express logo.
7.5 You acknowledge that Your credit or debit card provider may charge additional fees in accordance with Your arrangements with that card provider. NoQ Pty Ltd is not responsible for any such fees or charges.
7.6 From time to time a Vendor may offer discount promotion vouchers on the total value of Products that You purchase from the Vendor, (each a ‘Discount Promotion‘).
7.7 Discount Promotions are limited in number and may be limited to certain times specified in the promotion by the Vendor, and, may specify a minimum value of Products that You must purchase from the Vendor (Minimum Purchase) before You are eligible for the Discount Promotion to be applied to Your Tab. Please note that not all deals are shown to all customers at all times and may vary customer to customer. Confirmation of the Discount Promotion will appear in the app once a tab has been opened. If a tab does not have confirmation, no discount will be applied.
7.10 Discount Promotions will be applied on a ‘first come first served’ basis, and once the number of Discount Promotions on offer by a Vendor at a particular Vendor location have been claimed, no further Discount Promotion will be applied by Order4Me.
7.11 A Discount Promotion cannot be used in conjunction with any promotional code or any other offer.
7.12 If You check-in at a Vendor location where the Vendor currently offers a Discount Promotion:
(a) that Discount Promotion will only apply to that check in, and will not be applied to any subsequent check in at that Vendor location;
(c) if a Vendor’s Discount Promotion specifies that it can only be redeemed during a certain period of time, then Order4Me will not facilitate any such discount unless You have checked-in during the time specified in the Discount Promotion
7.13 If You purchase, or seek to purchase, any liquor Product from a Vendor, and a Discount Promotion applies to that purchase, You acknowledge and agree:
(a) NoQ Pty Ltd supports the responsible service and consumption of alcohol;
(b) the service, sale or supply of any liquor Product to You by the Vendor is subject to applicable laws and applicable standards and guidelines issued by regulatory authorities with relevant jurisdiction, including responsible service of alcohol and liquor harm minimisation; and
(c) NoQ Pty Ltd is not responsible if:
(i) the Vendor refuses to serve, sell or supply any liquor Product to You, and as a result You are not eligible for a Discount Promotion to be facilitated by Order4Me;
(ii) the Vendor at any time refuses You access to the Vendor’s location or requires You to leave the Vendor’s location, and as a result You are not eligible for a Discount Promotion to be facilitated by Order4Me; or
(iii) if the Vendor at any time varies, ceases to offer, or withdraws, a Discount Promotion.
7.14 Any dispute You have regarding a refund must be made by contacting Order4Me within 28 days of payment.
7.14 PAYMENT TERMS “SUBSCRIPTIONS”
(b) REGISTRATION, AUTHORISED USE, SECURITY & MONITORING
Your subscription will not be valid unless and until Order4Me Entertainment accepts your registration. You must ensure that your username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password (regardless of whether you authorised such use), including unauthorised use of your or any credit card. If any misuse of your log in details is detected or suspected by Order4Me entertainment (including the concurrent use of your login details and/or the use of your login details on more than agreed maximum allowable devices), your subscription may be terminated and you will not be eligible for a refund. You must notify Order4Me entertainment immediately if you become aware of any unauthorised use of your username and password. Order4Me may (but has not obligation to) monitor usage of the Order4Me entertainment sites and applications via your account (including but not limited to concurrent usage of username and passwords) and may take any action it deems appropriate, including immediately terminating your subscription. Please note that if you have multiple users of your subscription the authorised owner of the subscription is the liable party involved in payment. Your username and password must not be shared.
(c) SUBSCRIPTION CHARGES
For the current fees for products, services and other features offered in connection with the NoQ Pty Ltd sites, please contact support@Order4Me,com.au. Order4Me reserves the right to change the fees it charges for products, services or features offered in connection with the Order4Me Entertainment Sites, or introduce new fees, from time to time. If such a change increases the price payable by you for your existing products or services (including your subscription), Order4Me will provide you with at least 14 days’ prior written notice of any such change. If you object to any such change, your only remedy is to cancel your subscription before 14 days after the change comes into effect. If you do not cancel your subscription within that period, you will be deemed to have accepted the change. Unless stated otherwise by Order4Me, in order to register for or purchase a service or product, you must submit valid payment details. Valid payments will be processed immediately or, if applicable, immediately upon the expiry of your free trial subscription. Whether you pay by credit card, direct debit, or by any other valid means, you will be given notification via email of the commencement of your subscription. Unless you notify us otherwise, subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable taxes) will be billed automatically to the payment details you provide when registering for the applicable service. If you do not notify us of changes to your billing details, Order4Me will assume that all of the information related to your nominated payment method remains valid and will submit to the relevant financial institution all information that it requires for approval. If any subscription fees or other charges billed to your nominated account are not processed for any reason, Order4Me shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by Order4Me in collecting any unpaid subscription fees or other charges from you. If payment in full is not received from you, Order4Me reserves the right to cancel your subscription. Subscription fees will apply whether or not you actually use your subscription. Unless stated otherwise, charges referred to for use of any services provided by Order4Me are GST exclusive.
(d)TERMINATION OR CANCELLATION OF YOUR SUBSCRIPTION
Subject to any conditions and cancellation fees noted below, you may cancel your subscription at any time by contacting support@Order4Me.com.au. You cannot suspend your subscription to any Order4Me entertainment site. No refund will be paid in relation to month-to-month subscriptions or, trial subscriptions. If you cancel a standard term subscription you will generally be entitled to a pro rata refund for any unused months. Month-to-month auto-renew subscriptions will continue until the next billing date after you notify us that you wish to cancel your subscription (provided you give us at least 24 hours notice prior to your next billing date). For the purposes of these Subscription Terms, “billing date” means the date in any month that you commenced your subscription (for example, the 15th of each month). For some subscriptions, we will contact you within a reasonable time before the expiry of your subscription term to give you the opportunity to OPT OUT of renewing your Order4Me entertainment subscription for a further year. If you fail to opt out, your subscription will automatically renew on the subscription expiry date, at the then current yearly subscription rate, and you will be charged accordingly. Order4Me may immediately cancel your subscription, without notice or liability (including for any refund or credit to you), if we determine, acting reasonably, that: (i) you have breached any portion of these Subscription Terms or the general terms and conditions for use of the Order4Me Entertainment Sites or (ii) your use of or access to the Order4Me Entertainment Site(s) violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Order4Me Entertainment Sites or any other service offered by Order4Me on the Order4Me Entertainment Sites. Order4Me also reserves the right to cancel your subscription for any reason, provided that we give you written notice of such cancellation and, in the event of cancellation, pay you a pro-rata refund for the outstanding portion of your subscription.
(e) TRIAL TERMS
If you receive a free trial subscription to a Order4Me Entertainment Site and/or application (“Trial”), it will begin on the date on which Order4Me accepts your registration. During the Trial you will not be charged a subscription fee. You may cancel or opt-out of the Trial prior to the expiry of the Trial online by contacting\ support@Order4Me.com.au However, if you do not cancel or opt out during the Trial, you will be automatically rolled onto a paid subscription upon expiry of the Trial (either a month to month subscription or yearly subscription, depending on the option you have selected) and you be charged accordingly, unless otherwise stated during the signup process.
If you have previously received a Trial, you will not be eligible to receive another Trial. You understand that the Trial may not include certain information, functionality or services, as specified from time to time.
8. Unauthorised or illegal use
8.1 If You believe that there is an error or unauthorised transaction associated with Your Order4Me Account, You should contact us immediately.
8.2 NoQ Pty Ltd may decide not to authorise or allow any transaction or Order4Me Account if we believe that the transaction or Order4Me Account is in violation of this User Agreement or any other NoQ Pty Ltd agreement, or that it exposes You, other Order4Me customers, Order4Me Vendors or NoQ Pty Ltd to harm, including fraud and other criminal acts. If NoQ Pty Ltd reasonably suspects that Your Order4Me Account has been used for an unauthorised, illegal or criminal purpose, You give us express authorisation to share information about You, Your Order4Me Accounts, and any of Your transactions with law enforcement.
9. Termination and suspension
9.1 Should NoQ Pty Ltd need to conduct an investigation or resolve any pending dispute related to Your Order4me Account, NoQ Pty Ltd may restrict Your access to Your Order4me Account for any period of time necessary. NoQ Pty Ltd may also restrict Your access to Your Order4me Account as necessary to comply with any applicable law or court order, or if otherwise requested by law enforcement or governmental entity. You will be notified of such restricted access unless NoQ Pty Ltd is legally prevented from notifying you.
9.2 NoQ Pty Ltd reserves the right to terminate or suspend Your access to Order4me for a breach of this User Agreement. Id your access is suspended, Wow Ventures Pty Ltd may renew access once NoQ Pty Ltd has reasonably formed the view that the reason for the suspension has been suitably remedied.
9.3 Without limiting the scope of clause 9.2 NoQ Pty Ltd may terminate
Your access to Your Order4me Account if You:
(a) have breached any other agreement You have with NoQ Pty Ltd;
(b) have breached any of NoQ Pty Ltd’s policies;
(c) pose an unacceptable credit or fraud risk;
(d) provide any false, incomplete, inaccurate, or misleading information; or
(e) use Order4me in a way associated with unlawful, fraudulent or criminal conduct.
9.4 If there is no activity in Your Order4me Account (including access or payment transactions) for at least two years (consecutively), we will notify You by sending You an email to the email address associated with Your Order4me Account and give You the option of keeping Your Order4me Account open. If You do not respond to our notice within thirty calendar days, we will close Your Order4me Account.
9.5 NoQ Pty Ltd will not be liable to You for compensation, reimbursement, or damages in connection with Your use of Order4me, or in connection with any termination or suspension of Your Order4me Account. Any termination of Your Order4me Account does not relieve You of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to us as provided in this User Agreement.
10. Warranties and limitation of liability
10.1 To the extent permitted by law, these terms and conditions exclude all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law. Where legislation implies any condition or warranty, and that legislation prohibits NoQ Pty Ltd from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included for the minimum timeframe possible but NoQ Pty Ltd’s liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law.
10.2 NoQ Pty Ltd and its directors, employees and affiliates do not warrant that the service provided by Order4me is accurate, reliable or correct; that the service will be available at any particular time or location, interrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
10.3 You acknowledge that any content or data downloaded or otherwise obtained through the use of Order4me is downloaded at Your own risk and You will be solely responsible for any damage to Your property or loss of data that results from such download.
10.4 You acknowledge that to the extent permitted by law NoQ Pty Ltd does not accept liability for any errors, omissions, expenses, losses or damages caused by:
(a) Your access to and/or use (or inability to use) the Order4me app and/or website;
(b) malware, viruses or any incorrectness or incompleteness of Order4me (unless such damage is the result of any wilful misconduct from NoQ Pty Ltd);
(c) representations made by Vendors via Order4me (including where inaccurate information or material has been provided);
(d) Your purchase or use of any Products;
(e) Your provision of personal or information via Order4me (including details relating to the Payment Method);
(f) any failure or delay in the electronic communication systems, including networks or servers, used to provide Order4me; and/or
(g) any act or omission by your Payment Provider,regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Wow Ventures Pty Ltd has been advised of the possibility of such damage.
As a condition of Your use of Order4me, You agree to indemnify and keep indemnified Wow Ventures Pty Ltd and all of its officers, agents, employees and contractors (Personnel) against all claims, obligations, liabilities, expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against NoQ Pty Ltd or its Personnel) that NoQ Pty Ltd or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
(a) any breach of this User Agreement by You;
(b) Your access to and/or use or misuse of Order4me, including any data or content transmitted or received by you;
(c) Your violation of any applicable law, rule or regulation;
(d) any other party€™s access and use of Order4me using your Order4me Account; and
(e) any claim or loss of, or damage to, any property, or injury to, or death of, any person (including You) caused by Your access to and/or use of Order4me.
12. Australian Consumer Law
If a supply by NoQ Pty Ltd under this User Agreement is a supply of goods or services to a consumer within the meaning of the Australia Consumer Law, nothing contained in this User Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australia Consumer Law, provided that, to the extent that the Australia Consumer Law permits NoQ Pty Ltd to limit its liability under this User Agreement or otherwise, then NoQ Pty Ltd’s liability shall be limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
13.2 We have implemented technical and organisational measures designed to secure Your personal information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk.
14. Intellectual property rights
14.1 All copyright, trade marks and other intellectual property rights in Order4me and the information and material contained on Order4me is owned by or licensed to Wow Ventures Pty Ltd. Trade marks and other rights used under license by NoQ Pty Ltd (for example, in advertising Vendors or Products) are used with permission and are owned by the relevant third party.
14.2 Except as permitted under the Australian Privacy Act 1988, or any other applicable law in the location from which You access Order4me, You may not, regardless of the purposes of Your actions:
(a) adapt, reproduce, copy, publish, publicly perform, stream, broadcast, transmit or distribute copies of any information or material found on Order4me in any form (including by e-mail or other electronic means), without NoQ Pty Ltd’s prior written consent;
(b) modify, disassemble, decompile, make derivative works of or reverse engineer the Order4me software;
(c) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Order4me software to any third party;
(d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Order4me software; or
(e) access Order4me in order to build a similar or competitive product or service.
15. Third party services
15.2 NoQ Pty Ltd does not warrant, endorse, guarantee or assume responsibility for any Third Party Service or any hyperlinked website or service, or featured in any banner or other advertising, and NoQ Pty Ltd will not be a party to or in any way monitor any transaction between You and providers of Third Party Services.
16.1 You acknowledge and agree that any disputes in relation to Order4me are to be determined by Australian Law.
16.2 Upon any dispute with Order4me arising, You agree to first contact support@Order4me.com.au and attempt to resolve the dispute with us.
16.3 In the event that You and Order4me are unable to resolve the dispute, you agree that the dispute will be referred to mediation administered by the Office of the Australian Information Commissioner (they can be contacted via email a firstname.lastname@example.org).
16.4 With the exception of urgent interlocutory relief, the mediation of a dispute under clause 16.3 is a condition precedent to the commencement of any litigation by either You or Order4me.
17. Whole agreement
17.1 Except as expressly provided for in this User Agreement, the terms and conditions in this User Agreement are a complete statement of the agreement between You and NoQ Pty Ltd.
17.2 If the event of a conflict between this User Agreement and any other Wow Ventures Pty Ltd agreement or policy, the terms and conditions of this User Agreement shall prevail.
17.3 If any of the terms and conditions of this User Agreement is held to be invalid, unenforceable or illegal for any reason, it shall be changed and interpreted to accomplish the objectives of such term or condition to the extent possible and the remaining terms and conditions will nevertheless continue in full force.
17.4 Headings are for convenience only and shall not be considered in interpreting the terms and conditions of this User Agreement.
17.5 Upon termination of this User Agreement and Your Order4me Account, the terms and conditions of this User Agreement which by their nature are intended to survive termination shall survive and remain in effect.
18.1 This User Agreement, and any rights, obligations and licenses granted under it, may not be transferred, assigned or subleased by You.
18.2 NoQ Pty Ltd accepts no liability for any failure or delay in complying with any term or condition of this User Agreement where such failure or delay is due to circumstances beyond NoQ Pty Ltd’s reasonable control.
18.3 If NoQ Pty Ltd waives any rights available to it under this User Agreements on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by oQ Pty Ltd or its authorised representative.
If you have any questions regarding this User Agreement, or wish to obtain additional information, please contact us at support@Order4me.com.au